California has some of the strictest consumer protection laws in the country. They are designed to protect consumers, their property, and their investment. Understanding the process and what you are eligible for is the first step.
By Suzanne Henderson
If you’re a California vehicle owner, it’s important to know your rights under the state’s Lemon Law. Here are eight things you need to know.
1. Vehicle Defects They Can’t Fix
California Lemon Law protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts, while under the original manufacturer’s warranty. These defects would include, but are not limited to, transmission issues, the engine not starting or stalling, brake problems, overheating, and AC issues.
If the manufacturer is unable to resolve or identify any problem your vehicle is having, it could qualify as a lemon. The Lemon Law applies to BOTH new and used vehicles purchased or leased in the state of California.
2. Number of Repair Attempts
To qualify for lemon law, a vehicle must meet the required number of reasonable repair attempts. For a singular issue, there must be at least two repairs attempted. For multiple issues, there must be at least three repairs attempted. The vehicle may also qualify as a lemon if it has been in the shop and inaccessible for at least 30 days.
The seriousness of the vehicle’s defects is also taken into consideration. If they affect the use, value, or pose serious safety concerns, the vehicle could be a lemon. This is important. Do not ever drive a vehicle, if you don’t feel it’s safe, even if the mechanic says this is normal, don’t worry about it, or it’s fine for now. You know your vehicle. You know when it’s safe to drive and when it isn’t.
3. Document, Document, Document
If your vehicle is acting strangely, making odd sounds, or not driving properly take it to an authorized dealership immediately. Make sure they write up a repair order describing your concerns and document what they did. DO NOT allow a mechanic to “take a look” and let it go at that; the manufacturer’s mechanics quite often try to get you out the door without a full diagnostic examination or documentation.
One of their favorite tricks is to say they cannot replicate the issue. More often than not your vehicle’s problems won’t happen every time you drive the car. If they did, it would have likely been towed to the dealership instead. It’s common for the computer not to show a problem code at the day and time you take it in. That doesn’t mean there isn’t a problem with your car or truck. It just means there isn’t a problem that minute.
Remember, whatever problems you’re having with your vehicle are only going to get worse over time. Keep taking it back so the manufacturer’s mechanics can document that the problem still exists. Without the repair documents, there is no proof that you have given the dealership the opportunity to diagnose and repair the problem. This is a critical part of your lemon case.
Related Article: 12 Essential Documents To File a Lemon Law Claim in California
4. Is It Really a Lemon?
A vehicle could be defective if it has been “in the shop” for repairs and under the care, custody, and control of the manufacturer for more than 30 days total– leaving the owner unable to drive it that amount of time. It doesn’t have to be 30 consecutive days; if multiple visits add up to 30 days, the Lemon Law may take effect. This is another reason why the repair orders are so important. The manufacturer must put in writing: the day you brought the vehicle in, the mileage in and out of the shop, and the date you got it back. Phone calls, verbal communication, promises from the sales staff, all have ZERO bearing on your case. Everything must be documented in writing.
5. Start the Process Early
For California’s Lemon Law to apply, the issues and required repair attempts must occur while still under the manufacturer’s warranty. That is one reason it is so important to know your warranty’s expiration date. We all have busy lives. Something is wrong with your vehicle; you tell yourself, “That’s no big deal; I’ll take it in next week.” But, so often next week turns into next month, which turns into next year. When the problem eventually gets so bad that you can’t stand it anymore and you finally make the time to bring it in, you may find out the warranty has already expired.
Related article: How to File a Lemon Law Claim in California
6. Your Settlement Options
If your vehicle meets the California lemon law requirements, you are entitled to a full buyback (refund), which includes the purchase price paid for the vehicle and all incidental costs. Or if you prefer, you can request to receive a replacement vehicle or one of similar value. Your refund or replacement will amount to what you originally paid for the vehicle, and the manufacturer will also cover all fees and expenses you’ve incurred from your lemon vehicle. This includes expenses such as attorneys’ fees and court costs, rental car fees, cab fares, payments on a loan, finance charges, registration costs, and most other out of pocket costs.
7. The Manufacturer Pays the Attorney’s Fees
The manufacturer pays all attorney fees, by law. The settlement that the owner receives is 100% theirs. If it is a cash settlement, there are no restrictions on how you spend your money. This is important. For example, you purchased a vehicle two years ago. Then, you weren’t married, making money, and enjoying life. Since then, you’ve decided to go back to school, got married, had children, and life has moved forward for you. Instead of driving that $100K car, you’d rather have something more practical and use the money for something else. That’s perfectly fine. There are no restrictions on how the money is spent.
8. A Seasoned Lemon Law Attorney Can Help
You think you have a lemon, but aren’t sure if you qualify for lemon law compensation. You’ve taken it to the dealership once and they “repaired” it. Unfortunately, the problem comes back every now and then, or other little issues pop up. Contact a California lemon lawyer immediately to help you develop a case within the warranty period. Remember, always remember, a lemon is a lemon is a lemon. It’s up to you to take the time and do what is necessary to have a reliable, safe vehicle or you might end up with lemonade.
If you think you might have a lemon, it’s important to start the process early by contacting a lemon law attorney. They can help you determine if your vehicle meets the CA Lemon Law requirements and guide you through the settlement process. Remember, the manufacturer is responsible for all fees and expenses associated with your case, so you can focus on getting the best attorneys to fight on your behalf.
Before you go…
Fed up because your vehicle sucks and wondering if you can get compensation for it? Get free and accurate info about your case by visiting yourvehiclesucks.com right now! This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
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